but, i also need to keep pointing out that the duty to consult should only be applicable in situations where eminent domain is legal, which are situations under some kind of treaty, which is not the case in bc.

in bc, it needs to be understood that these are fully sovereign tribes and that acting without consultation is invading and occupying a sovereign territory.

so, the courts can come up with these kinds of rules of thumb, but the more foundational issue in this case is the jurisdictional one - the only meaningful ruling from the court is for it to rule it doesn't have jurisdiction, which it has actually come fairly close to doing, already.